Posts tagged gig workers
Op-ed: The right’s growing crackup over organized labor
May 14, 2026 // In the face of its growing crackup over organized labor, the Right is badly in need of developing a labor policy that is pro-worker without being pro-union. The best bet would be to coalesce around a flexible work agenda that empowers workers to achieve autonomy and agency in their employment arrangements. This policy agenda could take many different forms, but it might include championing the independent contracting status of gig workers while simultaneously expanding so-called portable benefit models that provide these workers with funds to access workplace benefits. This provides a more nimble, nuanced alternative to reclassifying them as employees or unionizing them. Or right-leaning politicians could seek to address issues like just-in-time scheduling, a common sore spot for workers in many industries, by striking a grand bargain with the business community regarding overtime averaging. By focusing on flexibility rather than cribbing the union political playbook, the Right can take a pro-worker stance without needing to fully repudiate its pro-business instincts.
NEW JERSEY: NJBIA Urges Sherrill Administration to Not Adopt Independent Contractor Rule
April 29, 2026 // Further, in data highlighted in Extremism and Entrepreneurism, a 98-page report from Freelance Busting founder Kim Kavin, there is already empirical research by the Mercatus Center at George Mason University showing that New Jersey’s ABC test applications have already resulted in the following from 1995-2024: a 3.81% decrease in W-2 employment a 10.08% decrease in self-employment a 3.95% decrease in overall employment a 7.40% decrease in women’s W-2 employment Kavin’s report also found evidence suggesting the underlying claim by labor groups to restrict independent contracting in New Jersey was based “largely on mischaracterized data and research.”
Commentary: Freelancers are not victims. Federal regulations should stop victimizing us
April 7, 2026 // The Trump 2026 IC rule follows the framework of the Trump 2021 IC rule, but applies modifications to the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Workers Protection Act (MSPA). The modifications narrow previously broad language on what constitutes an “employee,” while delineating that independent contractors are not employees. The 2026 IC rule further nullifies the six-factor “economic reality” test housed in the 2024 Biden IC rule.
Commentary: The Labor Department Just Freed Contractors—Again. Congress Still Needs To Act.
April 6, 2026 // Fortunately, at the state level, more durable change is happening. Rather than trying to reclassify workers as employees, numerous states have begun experimenting with what's known as a portable benefits model. Under this framework, independent contractors in the gig economy are given access to SEP IRA–style accounts in which both they and gig companies can contribute. The funds from these accounts follow the contractors from job to job, rather than being tied to a single company, and they can be used for benefits like health insurance, retirement funds, or paid time off.
Opinion: Unions are on a comeback. Americans are paying the price.
April 2, 2026 // So far, the union comeback has mostly been confined to courthouses and state legislatures. Membership hardly budged last year, rising from 9.9 percent of U.S. workers in 2024 to 10 percent in 2025. Yet if more states continue to mandate collective bargaining for public-sector workers — or decide to repeal right-to-work statutes for the private sector — rates can be expected to rise in those jurisdictions. If workers at a unionized shop are forced to pay dues regardless of their membership status, more will opt in as the financial incentive to remain unorganized slips away.
The Rise of Portable Benefits
March 19, 2026 // States like Alabama, Tennessee, Utah, West Virginia, and Wyoming have already enacted voluntary portable benefits frameworks. Others—including Pennsylvania, Maryland, and Georgia—have launched pilot programs. And a growing number of states—from Connecticut to Kansas to Hawaii—are actively considering legislation.
NJBIZ Exclusive: NJ voters support gig workers as independent contractors
March 12, 2026 // 75% of New Jersey voters back rideshare, delivery drivers keeping independent contractor status 72% support portable benefits, allowing workers to earn health, dental, vision, retirement benefits while staying independent Support spans Democrats (76%), Independents (71%), Republicans (69%); 84% of app-based workers in favor Poll shows broad understanding of gig economy; preference for flexible, hybrid work models
2026 Independent Contracting- DOL Rulemaking
March 5, 2026 // The proposed rule would revise federal standards for classifying workers under the Fair Labor Standards Act (FLSA). It would also rescind the 2024 independent contractor regulation and largely restore the January 2021 framework, with clarifications and updates. The proposal returns to a traditional “economic reality” analysis focused on whether a worker is in business for themselves or economically dependent on an employer. In particular, it restores emphasis on two core factors: The degree of control exercised by the company The worker’s opportunity for profit or loss
Commentary: Freelancers want to be free
February 26, 2026 // The latest evidence for this comes courtesy of a Politico poll on the subject. The survey found that 88 percent of app-based workers wanted to remain as independent contractors – that is, freelancers – rather than be treated as traditional employees. The workers themselves aren’t buying the argument that they’re being exploited. The general public feels largely the same, if not quite so strongly. The same poll found that 76 percent thought that app-based workers should continue to be treated as independent contractors “if their employers are required to provide them with access to portable benefits.”
Maine Considers Setting Minimum Rate of Pay for Rideshare Drivers on Platforms Like Uber and Lyft
January 21, 2026 // At the close of their testimony, the group suggests that lawmakers consider implementing a “portable benefits” program wherein drivers can accrue benefits across multiple platforms without “sacrificing their independent contractor status.” “We share the goal of ensuring that rideshare drivers can earn a fair living,” Chamber of Progress said. “But the evidence is clear: in city after city, minimum pay mandates have backfired by raising prices for riders, compressing earnings for experienced drivers, and degrading service for everyone.”